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Home My WebLink AboutCOM 0910.000 2006-2008 Harry Kim Christopher J. Yuen Mayor Director 'S;i•« N'y~~ Brad Kurokawa, ASLA LEED®AP (fuuntg of Paivatt Deputy Director PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 • Hilo, Hawaii 9672011224 (808) 961-8288 • FAX (808) 961-8742 a~ d December 24, 2007 O O " x~~ vNi; Honorable Pete Hoffmann, Chairman and Members of the County Council w County of Hawai'i - W 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Hoffinann and Members: Proposed Resolution for Approval of In Lieu Fair Share Contribution Condition K of Change of Zone Ordinance No. 96 121 (REZ 833) Developer: Hilo One, Incorporated Tax Man Key: (3) 2-7-327 Paukaa South Hilo In accordance with Section 2-162.1, Hawaii County Code 1983 (2005 Edition) as amended, transmitted herewith for the County Council's consideration and action is a proposed resolution relating to the in lieu fair share contribution in an amount of $48,648.00 for the support of road and traffic improvements, as required by Condition K of the above-referenced Ordinance No. 96 121. For your information, we have enclosed a copy of Ordinance No. 96 121 and the applicant's documentation for the actual cost of roadway improvements. Should you have any questions, please feel free to contact me or staff Alice Kawaha of this department at 961-8288. Sincerely CHRISTOPHER J. YUEN Planning Director Comm. No. 9to MJC:cd Ref. To- P1wpwin60\Maija\Fair Share\Resolutions\LPeteHoffmann FSReso-HiloOneREZ831doc Ref. Dote DEC 2 2DD7 <Rao VI-08 Hawaii County is an Equal Opportunity Provider and Employer. Honorable Pete Hoffmann, Chairman and Members of the County Council Page 2 December 24, 2007 Enclosures xc: Mr. Alan M. Okamoto Ms. Alice Kawaha, Long Range Planning Division COUNTY OF HAWAII STATE OF HAWAII BILL NO. 314 (Draft 3) ORDINANCE NO.9E 121 AN ORDINANCE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT PAUKAA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-7-3:27. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-115, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Paukaa, South Hilo, Hawaii, shall be Single Family Residential (RS-15): Beginning at a point at the easterly side of this parcel of land being also on the westerly side of Hawaii Belt Road (SDR 3(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 24,722.14 feet South and 5,862.08 feet East and running by azimuths measured clockwise from true South: 1. 344° 18' 108.37 feet along the westerly side of Hawaii Belt road (SDR 3(4)); 2. 254° 18' 80.00 feet along a jog in Hawaii Belt Road (SDR 3(4)); 3. 344° 18' 531.34 feet along the westerly side of Hawaii Belt Road (SDR 3(4)); thence along the westerly side of Hawaii Belt Road (SDR 3(4)) along a curve to the right having a radius of 2,814.78 feet, the chord azimuth and distance being: 4. 3440 59' 20" 67.68 feet; 5. 91° 24' 64.64 feet along Lot 1, Honolii Pali Tract 2, Block "A"; , 6. 1150 30' 43.60 feet along Lot 1, Honolii Pali Tract 2, Block "A"; 7. 78° 58' 28.48 feet along Lot 2, Honolii Pali Tract 2, Block "A"; 8. 80° 34' 54.11 feet along Lot 2, Honolii Pali Tract 2, Block "A" 9. 80° 06' 92.20 feet along Lot 3, Honolii Pali Tract 2, Block "A„ 10. 750 44' 20" 86.51 feet along Lot 4, Honolii Pali Tract 2, Block „A"; 11. 71 ° 59' 15" 80.98 feet along Lot 5, Honolii Pali Tract 2, Block "A"; 12. 1640 00' 1.45 feet along Lot 16, Paukaa Village; 13. 68° 43' 30" 133.52 feet along Lot 16, Paukaa Village to a point at the easterly side of Old Mamalahoa Highway; 14. 167° 00' 116.82 feet along the easterly side of Old Mamalahoa Highway; 15. 1640 57' 1,299.81 feet along the easterly side of Old Mamalahoa Highway; thence along the easterly side of Old Mamalahoa Highway along a curve to the right having a radius of 1,100.00 feet, the chord azimuth and distance being: 16. 174° 26' 30" 362.79 feet; 17. 183° 56' 266.23 feet along the easterly side of Old Mamalahoa Highway; thence following the middle of a gulley in all its windings, along R.P. 4475, L.C. Aw. 7713 Apana 18 to V. Kamamalu, for the next four (4) courses, the direct azimuths and distances between points being: 18. 2680 33' 60.33 feet; 19. 2780 17' 45" 105.38 feet; 20. 278° 28' 163.79 feet; 21. 294° 25' 120.00 feet to a point at the westerly side of Hawaii Belt Road (SDR 3 (4)); 22. 3440 18' 1,040.84 feet along the westerly side of Hawaii Belt Road (SDR 3 (4)); 23. 74° 18' 80.00 feet along a jog in the Hawaii Belt Road (SDR 3 (4)); 24. 3440 18' 126.63 feet along the westerly side of Hawaii Belt Road (SDR 3 (4)) to the point of beginning and containing an area of 23.856 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. The applicant, successors or assigns shall comply with all of the conditions of approval of State Land Use Commission Docket No. A92-676 (SLU No. 843). -3- C. The effective date of the rezoning shall be when adequate water is available for any portion of the proposed subdivision development within the subject property as determined by the Department of Water Supply. D. The required water commitment payment shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy." E. Final Subdivision Approval of the proposed subdivision development shall be secured within five (5) years from the effective date of the rezoning. The subdivision plans shall delineate a 10-foot wide strip for no vehicular access planting screen easement along the property's frontage bordering the Hawaii Belt Road and the Old Mamalahoa Highway, except for those areas along the Hawaii Belt Road and the Old Mamalahoa Highway designated as highway or street access points into the proposed subdivision development of the subject property . F. Restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of an ohana dwelling or a second dwelling unit on each lot within the subject property. A copy of the covenants with this requirement shall be submitted to the Planning Department for review and approval and a copy of the approved covenant shall be recited in an instrument executed by the applicant and the County prior to Final Subdivision Approval for any portion of the subject property. The Planning Director shall promptly deliver such document to the Bureau of Conveyances for recordation. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances. -4- G. The portion of the Old Mamalahoa Highway fronting the subject property from the southern or Hilo boundary of the subject property up to the designated street access point into the subject property shall be improved to a 20-foot wide pavement with 6-foot wide paved shoulders. H. Accesses to the subject property and all roadways within the proposed subdivision within the subject property shall meet with the requirements and approval of the Department of Public Works and/or the State Department of Transportation. 1. The applicant shall designate approximately two acres of land within the subject property to be used as a public community park on plans for subdivision. The park site shall be dedicated to the County and accepted by the County of Hawaii in conjunction with final subdivision approval for any portion of the subject property. The configuration and improvements, limited to grading and grassing of the two-acre park site, shall meet with the approval of the Planning Director in consultation with the Department of Parks and Recreation. J. All electrical and communication utilities and systems within the road rights-of- way shall be placed underground. K. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to fire, police, solid waste and disposal facilities, and roads. The amount of the fair share contribution shall be the sum which is the product of multiplying the number of residential lots proposed to be subdivided by the amounts allocated hereinbelow for each such lot, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution -5- due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution may be in a form of cash, land, facilities, or any combination thereof acceptable to the director in consultation with the affected agencies. The fair share contribution shall have a maximum combined value of $3,748.31 per lot. Based upon the applicant's representation of intent to subdivide and develop up to forty-one (41) residential lots, the indicated total fair share contribution is $153,680.71, however, the total amount shall be increased or reduced in proportion with the actual number of subdivided lots according to the calculation and payment provisions set forth in this Condition K. The fair share contribution shall be allocated as follows: 1. $168.40 per lot, for an indicated total of $6,904.40 to the County to support police facilities; 2. $332.61 per lot, for an indicated total of $13,637.01 to the County to support fire facilities; 3. $145.62 per lot, for an indicated total of $5,970.42 to the County to support solid waste facilities; and 4. $3,101.68 per lot, for an indicated total of $127,168.88 to the State or County to support road and traffic improvements. The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, improvements/facilities related to parks and -6- recreation, fire, police, solid waste disposal facilities, and roads within the region impacted by the proposed development, subject to the approval of the director. The cost of constructing the roadway improvements required in Condition G and any roadway improvements required by the State, shall be credited against the sum specified in Condition K(4) relating to road and traffic improvements. For purposes of administering Condition K, the fair market value of land contributed or the cost of any improvements required or made in lieu of the fair share contribution shall be subject to the review and approval of the director, upon consultation with the appropriate agencies; L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: I. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code; -7- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; and 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). N. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: ,AJ4. COUNCIL ME ER, COUN OF HAWAII Hilo, Hawaii Date of Introduction: September 18, 1996 Date of Ist Reading: September 18, 1996 Date of 2nd Reading: October 2, 1996 Effective Date: October 18, 1996 APPROVED AS TO FORM AND LEGALITY 7L~0-C Cc ~'~GL DEPUTY CORPORATION COUNSEL DATED: OCT 1 51996 -8- A-20. 0 v A•20. o A•a1 O = Q ~ T Q O a Z D § Y Z Y~ A-20. A-101 Y i A•20. 24,722.14 S 0 5,862.08 E A-20. "ALALA" AGRICULTURAL (A-20a) TO SINGLE FAMILY p RESIDENTIAL (RS-15) ° 0 AREA: 23.856 ACRES A-20. a A-% t PO p PL- A p'tl !y N A-20. °•N Z Y KAHOA o PL 2 A A-% 6•» ~ F A•20. A•A A•26 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-115 (PAPAIKOU-ONOMEA ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO SINGLE FAMILY RESIDENTIAL (RS-15) AT PAUKAA, SOUTH HILO, HAWAII. PREPARED BY : PLANNING DEPARTMENT COUNTY OF HAWAII TMK : 2-7-3:27 JULY 5,1996 EXHIBIT "A" (HILO ONE.M.) OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii "n CCT 2l .i9 7 t;5 (DRAFT 2) ROLL'CAL,ti VOTE AYES NOES ABS EX Introduced By: Takashi Domingo Arakeki X Date Introduced: September 18, 1996 Pagley X First Reading: September 18, 1996 Published: September 26, 1996 Childs X De Liao X REMARKS: Domino X Osorio X Van De Car X Ray X Smith x 8 1 #0= 0 DRAFT 3 ROLL CALL VOTE Second Reading: October 2, 1996 AYES NOES ABS EX To Mayor: October 8, 1996 Arakaki X Returned: October 21, 1996 Effective: October 18, 1996 Easley x Published October 28, 1996 Childs X De Lima X REMARKS: Domino X Osorio X Van De Car X Ray X Smith x 8 1 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. tL COUNCIL IRMAN COUNTY CLERK Approved^//A this day Of~ TC>1,~ . 19 4L ,4 MAYOR, COUNTY OF WAIL Bill No.: 314 (Draft 3 ) Refermcer C-1318/PC-148 Ord. No.: 96 121 CRFATIVCARIS PACE. ®3103 SEP-20-2607 THU II`15 AN u,, CONSTRUCTION FAX NO, 0664c44 P. 02 S GW CONSTRUCTION September 20, 2007 Hilo One, Ine- Attn_ Roland Higashi 500 Kalaaianaole Avenue Hilo, Hawaii 96720 Subject: Honold Ridge Increment 1 Paukaa, South Hilo, Hawaii TMK: 2-7-003:027 Construction of Road Improvements The road widening of Old Mamaldwa Highway was completed per plans on the subject project. The cost for the road improvements was $48,648.00. 8 V trul uzs, Y a Presi t WY:lo 16-212 MELEKAHIWA PLACE • KEAAU, HI 9674@ PHONE (808) 966-4582 PAX (808) 966-4244 LICENSE 6ABC•16608